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Contractor Waiver Of Liability Form for the United Kingdom

Contractor Waiver Of Liability Form Template for England and Wales

A Contractor Waiver of Liability Form is a legal document governed by English and Welsh law that establishes the terms under which a contractor agrees to waive certain rights to claim against the client company for specified risks or damages. The document outlines the scope of the waiver, permitted exclusions under law, and any specific conditions or exceptions. It must comply with the Unfair Contract Terms Act 1977 and cannot exclude liability for death or personal injury caused by negligence.

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Contractor Waiver Of Liability Form

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What is a Contractor Waiver Of Liability Form?

The Contractor Waiver of Liability Form is essential in business relationships where organizations need to manage risk exposure when engaging external contractors. This document, governed by English and Welsh law, provides legal protection by clearly defining which liabilities are being waived and which remain in force. It's particularly important in high-risk industries or when valuable assets are involved. The form must be carefully drafted to ensure compliance with relevant legislation, particularly the Unfair Contract Terms Act 1977, while maintaining its effectiveness as a risk management tool.

What sections should be included in a Contractor Waiver Of Liability Form?

1. Parties: Identifies the contractor and the party seeking the waiver

2. Background: Explains the context and purpose of the waiver

3. Definitions: Defines key terms used in the document

4. Scope of Work: Describes the services or work covered by the waiver

5. Waiver Terms: Details specific liabilities being waived

6. Exceptions: Lists liabilities that cannot be waived by law

7. Acknowledgment: Contractor's confirmation of understanding

What sections are optional to include in a Contractor Waiver Of Liability Form?

1. Insurance Requirements: Details required insurance coverage when specific insurance is required

2. Third Party Rights: Addresses rights of third parties when third parties might be affected

3. Dispute Resolution: Procedures for resolving disputes, recommended for complex or high-value contracts

4. Specific Risk Allocations: Details particular risks being allocated, used for high-risk activities

What schedules should be included in a Contractor Waiver Of Liability Form?

1. Schedule of Services: Detailed description of contracted services

2. Risk Assessment: Documentation of identified risks

3. Insurance Certificates: Copies of relevant insurance policies

4. Safety Procedures: Relevant safety protocols and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions

























Clauses























Industries

Unfair Contract Terms Act 1977: Key legislation that restricts the extent to which liability can be excluded or limited. Prohibits exclusion of liability for death or personal injury caused by negligence. Any exclusion must pass the 'reasonableness test'.

Consumer Rights Act 2015: Although primarily for consumer contracts, relevant for contractors who are small businesses or sole traders. Contains important provisions about unfair terms in contracts.

Contracts (Rights of Third Parties) Act 1999: Governs how third party rights are handled in contracts. Important when considering whether the waiver needs to extend to third parties.

Supply of Goods and Services Act 1982: Implies terms about quality of service in contracts. Contains certain implied terms that cannot be excluded from contracts.

Health and Safety at Work Act 1974: Establishes fundamental health and safety obligations that cannot be excluded by contract. Critical for workplace safety responsibilities.

Common Law Principles: Includes doctrine of fundamental breach, rules about incorporation of terms, and principles of consideration. Forms the foundation of contract law.

Misrepresentation Act 1967: Governs liability for misrepresentation and the extent to which such liability can be excluded in contracts.

Construction Act 1996: Specific provisions for construction contracts including payment terms and dispute resolution. Relevant if the contract involves construction work.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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